SUNIRMAL SARKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) By this writ application the writ petitioner seeks release of his retiral benefits and quashing of the disciplinary proceedings initiated. The case of the petitioner is that on 20.3.2008 he availed of the Voluntary Retirement Scheme (VRS) and left the service of the respondent No. 2. One of the conditions for availing of the VRS was that the petitioner could not for a period of 2 years seek re-employment.

(2.) By letter dated 7.1.2010 the petitioner was called upon to furnish details of the source of his income disclosed in his Income Tax Returns for 2005-06 under the head business or profession within the time specified in the said letter. The petitioner on receipt of the said letter sought time and although such time was granted no attempt was made to furnish the documents on the basis of which the details were sought.

(3.) On sanction being given departmental proceedings was initiated by the respondent No. 2 against the petitioner. An order was served upon the petitioner by the authorities along with statement of article of charge, statement of imputation of misconduct in support of the article of charge along with a list of documents. It is from the said documents the petitioner came to know the basis of the departmental proceedings. A reply has also been given to the said charges levelled against him.